Terms & Conditions
Last update: 01/02/2023
Please review the Terms of Service contained herein carefully. By accessing and/or using any of the Services provided by UNDO Studios SA, You have read, understood, and accepted all of the following Terms, as well as all of the terms which are incorporated herein by reference.
1. RIGHTS AND OBLIGATIONS
The following Terms and Conditions (the “Terms”) constitute a binding agreement between UNDO Studios SA, a limited company registered under the laws of Switzerland, registered with the Register of Commerce under No. CHE-434.124.671 and with registered address at Via F.Pelli, 13 – 6900 Lugano (“UNDO” or the “Company”), and the person, persons, or entity (“You” or “Your”) accessing and/or using The Nemesis virtual space at thenemesis.io (the “Services”).
By accessing and/or using the Services, You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version; You further represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms.
Your access and/or use of the Services is contingent upon Your acceptance of these Terms.
The Company may amend these Terms at any time. Amendments will be effective 14 (fourteen) days after the modified terms and conditions have been posted on the Company’s website at thenemesis.io, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If You do not agree to such modified terms, You should discontinue Your use of the Services.
The Nemesis is a gaming, entertainment and social platform, launching an unprecedented economic system based on democracy, meritocracy, the enhancement of individual skills and the growth of shared revenues. Virtual reality, 3D experiences and blockchain technology come together in a highly innovative technological product, which is already available.
The Nemesis creates a 360-degree User involvement and relies on a continuous interaction between online and offline components, first to encourage the User to maintain a healthier relationship between real life and its digital projection, and second to provide companies with an innovative and more effective marketing tool.
Within The Nemesis you can participate in challenges and play games based on your skills. The challenges or games are organized by The Nemesis or a third party. The rules of the games are set by The Nemesis or the third party. Who organizes the challenge, defines the conditions of the game, by way of example but not limited to, the access rights to the gameplay, the beginning and the end of the challenge, the purpose of the game, the number of winners and the prizes. By accessing and playing the challenge, the User automatically accepts the conditions of the game communicated by The Nemesis and or the sponsor of the challenge or game on the appropriate channels, by way of example but not limited to, Discord and Twitter. You may be able to win a price offered by The Nemesis or the sponsor of the challenge or game. If necessary, we will contact you to request further information required to claim your price (e.g. Your address). This information will not be stored inside our platform and you may be required to give it again if you participate in and win another challenge or game. The information may be shared with the sponsor of the challenge or game, which will send you the prize.
You warrant that the organisation of challenges and game plays inside The Nemesis platform is executed in accordance with any applicable laws. You hereby agree to fully and effectively indemnify and keep indemnified The Nemesis on demand, from and against any and all losses, damages, liabilities, penalties, suits, judgments and expenses (including reasonable legal expenses) resulting from or arising out of or relating to any breach by You of the warranty given in the preceding sentence.
The Company will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, The Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to You, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.
All payments incurred in connection with the Service and all funds placed in The Nemesis wallet are payable in advance and are not refundable. The Company is using its own unit of account, called COINS. All payments done within the platform for the use of the Service are shown in COINS. COINS is a non-refundable unit of account for the use of the Service. COINS is stored within the platform and cannot be transferred outside the platform and do not constitute a personal property right and have no value outside the Services. If you are refunded for an item purchased using COINS, the Company will return the COINS to your account.
Through the Services, the Company may make available a free COINS balance to You at its sole discretion.
4. LAND USE, RESERVATION AND PURCHASE
You may purchase Lands within The Nemesis. You are allowed to use the Land according to these Terms and must comply with the laws of Switzerland. Moreover You are not allowed to use the Land for promoting any content that is pornographic, harassing, hate-oriented, harmful, defamatory or racist. Any content which is compliant with these Terms, the law or is putting the reputation of the Company at risk may be deleted by the Company without any prior notice.
The Nemesis platform allows the owners of a Companion NFT or other NFT collections issued by The Nemesis to reserve the right to purchase Land prior to the public Land sale (date of release To Be Defined). In order to reserve the Land the Companion holder shall link her/his Companion to the Land the User wants to reserve. Each Companion can reserve only one single Land. Once the pre-emption right is used, no other Land can be reserved through the Companion. The Companion holder can unlink the Companion to the Land anytime before the Land purchase. By doing so, the Companion holder will lose the right to purchase the Land. Once the Land is reserved, the Companion holder will be given the ability to purchase the Land 24 hours before the opening of the official Land sale (“pre-sale phase”).
Once the User has reserved a Land by linking a Companion, it does not mean that the User is owner of the Land: to finalize the purchase of the previously reserved Land, the User must pay 50% of the official Land price during the pre-sale phase, as the Companion gives the right to get a Land during the pre-sale at 50% discount. The Land purchase is final and irrevocable. You will not have the right to sell back the Land to the Company, but only to sell it on the secondary market.
If the reserved Land is not purchased within the pre-sale phase, the Companion holder will lose any discount on the official Land price and will lose her/his pre-emption right. This means that anyone will be able to purchase the Land – which was previously reserved and not purchased by the Companion holder within the pre-sale phase – at the official Land price.
5. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services are the property of the Company or its licensors. Subject to Your compliance with these Terms, the Company grants You a limited right to access and/or use the Services. The right to access and/or use the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives You any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Services.
You acknowledge and agree that the Company retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein.
You warrant that the use inside The Nemesis platform of any name, logo, image, colour and such other licensee intellectual property rights shall not infringe the rights (including, without limitation, the intellectual property rights) of any third party.
You hereby agrees to fully and effectively indemnify and keep indemnified the Company on demand, from and against any and all losses, damages, liabilities, penalties, suits, judgments and expenses (including reasonable legal expenses) resulting from or arising out of or relating to any breach by You of the warranty given in the preceding sentence.
You warrant that any image, video, picture or any other kind of marketing material executed on The Nemesis platform or showing The Nemesis platform will include The Nemesis logo.
6. DATA PROTECTION
The Company may terminate these Terms or suspend Your access to the Services at any time, including, without limitation, in the event of Your alleged or actual misuse of the Services or breach of these Terms.
8. LIMITATION OF LIABILITY
In no event will the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not The Company was advised of the possibility of such damages.
Without limiting the generality of the foregoing, the Company takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following:
a. loss of or inability to access or transact data, cryptocurrencies or digital assets;
b. technical failure, malfunction or shutdown;
c. server failure, hacks or unavailability;
d. data loss;
e. stolen, lost, or unauthorized use of Your means of authorization;
f. errors calculating network fees;
g. corrupted data on The Company’s servers;
h. incorrectly constructed transactions or mistyped wallet addresses;
i. failure to update or provide correct information;
j. phishing or other websites masquerading as The Company;
k. delays, interruption or loss of services;
l. loss of business or goodwill.
m. procedure for executing challenges or game plays without the required authorisation.
The Services support or are integrated with third party services. The Company takes no responsibility for any third party services and will not be liable for any loss or damages caused by such third party services.
The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. The Company disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
By accessing and/or using the Services, You acknowledge and agree that You shall not use the Services if applicable laws, based on Your country of location, residency and/or citizenship, prohibit You from doing so in accordance with these Terms.
By accessing and/or using the Services, You acknowledge and agree that You shall not use, or assist third parties to use, the Services any way which may constitute a contravention of applicable laws or which may contradict the purposes or hinder the operations of the Services or hinder the operations of other Users of the Services.
Without limitation to the foregoing, You acknowledge and agree that You shall not use, or assist third parties to use the Services to, without limitation, avoid taxes, engage into activities that may amount to market abuse (including, without limitation, front-running, wash trades, etc.), engage into illegal gambling, frauds, money laundering or terrorist activities.
To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify The Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of
a. Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties;
b. Your alleged or actual use or misuse of the Services; and
c. Your alleged or actual infringement or violation of any laws or of the rights of a third party.
11. ENTIRE AGREEMENT
These Terms constitute all the terms and conditions agreed upon between You and The Company and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
12. SEVERABILITY AND WAIVER
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
The failure of the Company to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of The Company’s rights to do so.
The Company may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.
14. GOVERNING LAW AND JURISDICTION
These Terms are subject to and governed by Swiss law to the exclusion of Swiss international private law and any international treaties. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Lugano, Switzerland.
If You have any questions regarding these Terms, please contact us at firstname.lastname@example.org